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Research on Trade Retaliation Mechanism of WTO

Author: XuJiaMing
Tutor: ZhaoPuYing
School: Hebei University of Economics
Course: International Law
Keywords: WTO dispute settlement mechanism Trade retaliation Collective reprisals Mandatory compensation
CLC: D996.1
Type: Master's thesis
Year: 2011
Downloads: 55
Quote: 1
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Abstract


WTO (World Trade Organization) dispute settlement mechanism is known as the \The legal means to protect the ruling or the implementation of the recommendations of the mechanism is considered mandatory key, which is mainly embodied in Article 22 of the DSU (Understanding on Rules and Procedures Governin Settlement of Disputes) \strips off trade retaliation provisions. DSU provisions on trade retaliation, born out of the GATT (General Agreement On Tariffs and Trade) 1947 23 reform, it is for many of the deficiencies of the latter, the formation of a complete set of detailed rules of trade retaliation. A long history of trade retaliation system, but from a global perspective, the case truly authorized and implement retaliatory measures but only a few since. Of course, applications less does not mean not important, it is precisely the last link in the overall trade dispute settlement procedures. Less use in practice due to the system of trade retaliation, the study of this system is sketchy, so the need for a comprehensive discussion of the System. The main purpose of this paper is to trade retaliation informative introduction to some of the problems which in practice allows us to have a clear understanding of our legislation and practice to help. The core content of this article has four parts: the first part of the system of trade retaliation overview introduces the evolution of the system of trade retaliation, GATT and WTO trade retaliation produce and reform of the system. The second part of the system of trade retaliation Comment dispute settlement mechanism of the relevant provisions of the retaliatory measures, including the scope of application of the retaliatory measures and applicable conditions; pointed out that although the the retaliatory measures deterrent role in promoting the observance and implementation of the agreement, became the maintenance of the multilateral trading system important protection, but there are still shortcomings, combined with the practice of a detailed analysis of each of the defects of the retaliatory measures. The third part of the perfection of the system of trade retaliation, the suggestions I made based on the combined practice some of their own ideas and perfect. The fourth part of our analysis of the utilization of the system of trade retaliation retaliation for the impact of the pros and cons of the system of our country, and to propose appropriate countermeasures, hoping to contribute to our country as soon as possible to play to their strengths, the use of the relevant provisions of the retaliatory measures to maintain our enjoy the rights and interests of the WTO, and ultimately to promote the cause of China's foreign trade is booming.

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CLC: > Political, legal > Legal > International law > International Economic Law > International Business Law ( International Trade Law )
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